The FBI never investigates bootlegging software. NEVER. It won't be done. Unless there's some giant factory somewhere pumping out tons of bootlegs and being sold obviously in storefronts...even then it would just come down to the original companies filing lawsuits. The FBI has absolutely no division that investigates this type of fraud.
I don't know why everyone is hating on ebay though...I've reported a few bootleg items (the special "green-bottom" edition of Ikaruga for the DC that plays on all consoles

) and it's always been immediately shut down.
If you get scammed on ebay you're pretty dumb. You can always ask the seller, or look at his description of the item, his feedback, ANYTHING really...if you can't figure out if it's bootleg you're pretty dim. I mean look at that auction...it's not a picture of what you're getting, it's a SCREENSHOT. Could it be anymore obvious?
If you get scammed it's your own fault. Even if you do and there's absolutely no way to tell, you could get a refund from ebay. They offer that protection.